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HomeMy WebLinkAboutPR 20364: EDC, GEOPHYSICAL PIPELINE INVESTIGAITON SURVEY, WITH WILD ASSOCIATES ENGINEERING & ENVIRONMENTAL CONSULTING Interoffice MEMORANDUM To: Mayor, City Council, City Manager From: Floyd Batiste, CEO Date: July 24, 2018 Subject: P. R. No. 20364; Council Meeting of July 31, 2018 ATTACHED IS PROPOSED RESOLUTION NO. 20364, A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT FOR GEOPHYSICAL PIPELINE INVESTIGATION SURVEY AT THE SPUR 93 BUSINESS PARK WITH WILD ASSOCIATES ENGINEERING & ENVIRONMENTAL CONSULTING OF HOUSTON, TEXAS, IN THE AMOUNT NOT TO EXCEED $5,100.00. EDC ACCOUNT NO. 120-1429-582.59-02 P.R. NO. 20364 07/23/2018 FJB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT FOR A GEOPHYSICAL PIPELINE INVESTIGATION SURVEY AT THE SPUR 93 BUSINESS PARK WITH WILD ASSOCIATES ENGINEERING & ENVIRONMENTAL CONSULTING OF HOUSTON, TEXAS, IN AN AMOUNT NOT TO EXCEED $5,100.00. EDC ACCOUNT NO. 120-1429-582.59-02 WHEREAS,on July 23,2018,the Chief Executive Officer of the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") received three quotes for pipeline location survey at Jade Avenue and Kerry Thomas Drive at the Spur 93 Business; and WHEREAS,the scope of this project is to locate any pipelines,utilities,obstacles or unusual anomalies beneath the area in yellow on the map attached hereto as Exhibit "A"; and WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation requested quotes for pipeline location survey companies and received responses from EMC Pipeline, Tolunay-Wong Engineers, Inc. and Wild Associates Engineering& Environmental; and WHEREAS, Wild Associates Engineering & Environmental was the most responsive, responsible,lowest bidder out of the three companies(See bid tabulation attached as Exhibit"B"); and WHEREAS,PAEDC and Wild Associates Engineering&Environmental will enter into the agreement attached hereto as Exhibit"C" for pipeline survey services. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That City Council of the City of Port Arthur authorizes PAEDC to enter into a contract for the geophysical pipeline investigation survey at the Spur 93 Business Park with the Wild Associates Engineering & Environmental Consulting. Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of _A.D., 2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVE : Floyd Batiste, PAED CE Page 2 APPROVED _S TO •RM: Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: \raj, a.c. Valecia R. Tizeno, ity Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Andrew asquez, Di ector of Finance r— #1555227 Page 3 EXHIBIT "A" 4. F• 111,14 r i r 4 Study Area . Possible Pipeline r x x,. N� r 4+a' 4* ii's;:' 1 y t .: r- kr! EXHIBIT "B" I- ln Z O 0 w Li 0 W .., Gi X ce O +h ~ D a I- z t^ oc O O W ° mao F- H I:eI a 0si▪ rsi o WU F+1 +-, C (� V U O n [ 4 Q Z ate+ Vi H W > ce• ~ i J 0 y 0 0 Z1-1 00 O W a a I 71 W ~" 0 O N N u M 1 Cm) 7 N o 0 11 N ›, 0 0 O w ti < O• 1,. I— z 7 i 0 E z 0 T 0 w moo v) C-.4) z Q a W o 7r a 0 a m = ~la-i w N O 00 a 0 3 0 N u 44 U ipa H H o ro O aJ o H fl. _ 04 U a) N ._ 0 Q F. O f0 0- ISI > U .c c. O cu 0 a 4t 0 `-I v ate, 0 J EXHIBIT "C" } Se 11, WILD ASSOCIATES Engineering & Environmental Consulting 7419 Sheffield Bend Court,Houston,TX 77095 281.844.3747 info a@wildossociates net www.w,Idassoaotes net TBPE FIRM NO 19012 Monday, July 23, 2018 WA Proposal No. P18-033 Mr. Floyd Batiste Chief Executive Officer Port Arthur Economic Development Corporation 501 Procter St., Suite 100 Port Arthur, Texas 77640 (P) 409.963.0579 (F) 409.962.4445 (Cell) 409.330.1870 fbatiste@paedc.org PROPOSAL FOR PIPELINE LOCATION SURVEY JADE AVENUE@ KERRY THOMAS DRIVE BUSINESS PARK SITE PORT ARTHUR, TEXAS Dear Mr. Batiste: Wild Associates LLC (WA) appreciates the opportunity to submit a proposal to Port Arthur Economic Development Corporation (PAEDC) for the above-referenced project. Scope Of Work We understand the scope of this project to be evaluating if the pipeline exists within the proposed Study Area shown below. The following equipment will be used on this project: • 400 MHz GPR Antenna. GPR works by sending pulses of energy into a material and recording the strength and the time required for the return of the reflected signal. The data is displayed on a screen and marked in the field in real time. Reflections are produced when the energy pulses enter a material with different electrical properties from the material it left. The strength of the reflection is determined by the contrast in signal speed between the two materials. The antenna is mounted in a stroller frame which rolls over the surface. The surface needs to be reasonably smooth and unobstructed to obtain readable scans. Obstructions such as curbs, landscaping, and vegetation will limit the feasibility of GPR. The total depth achieved can be as much as 8 ft or more with this antenna but can vary widely depending on the conductivity of the materials. • Electromagnetic Pipe Locator. The EM locator can detect the electromagnetic fields from live power or radio frequency signals. It can also be used in conjunction with a transmitter to connect directly to accessible, metallic pipes, risers, or tracer wires. A Mr. Floyd Batiste July 23, 2018 Page 2 current is sent through the pipe or tracer wire at a specific frequency and the resulting EM field can then be detected by the receiver. The receiver is moved over the surface without coming in contact with the ground so it is not affected by terrain. Depths achieved can be as much as 20 ft depending on the type of signal being traced or methods used. • We will develop a report that describes the methods and findings of the work. Schedule We can mobilize to the Site and complete the work within two to three weeks of notice to proceed (NTP). Field work will commence within five working days of NTP to account for equipment checks, crew scheduling, and mobilization, and a statement of whether a pipeline exists in the study area will be available the day after the field work. Proposed Project Costs WA proposes to complete the work for a lump sum price of $5,100. Limitations This proposal, including the Scope of Work and schedule, is contingent upon the following assumptions: • WA will have necessary access to the Site seven days per week from dawn to dusk. • WA will be provided available tract drawings, previously completed environmental assessment reports, or other pertinent information regarding the Site. Closing Remarks To authorize the work, please sign in the appropriate space below and return the signed proposal to WA, keeping a copy for your records. If you have any questions or need additional information, please contact me at 281-844-3747 or by e-mail at paul.wild@wildassociates.net. We look forward to providing our services to you and the successful completion of this project on time and within budget. Regards, Wild Associates LLC Paul R. Wild President Mr. Floyd Batiste July 23, 2018 Page 3 WA PROPOSAL NO. P18-033 ACCEPTED: PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION AUTHORIZED REPRESENTATIVE: PRINTED NAME: DATE: Attachments:Agreement for Professional Services EXHIBIT A TERMS FOR PROFESSIONAL SERVICES THE AGREEMENT This AGREEMENT is made by and between WILD ASSOCIATES LLC, hereinafter referred to as CONSULTANT, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings,surveys,or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the CONSULTANT will be based solely on information available to the CONSULTANT. The CONSULTANT is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by the CONSULTANT under this AGREEMENT are expected by the CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty,expressed or implied,is made. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the CONSULTANT to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT has granted CONSULTANT free access to the site. The CONSULTANT will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. SAMPLE DISPOSAL The CONSULTANT will dispose of all soil and rock samples 30 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous materials will be returned to CLIENT for disposal,unless other arrangements have been made by CLIENT. CONSTRUCTION MONITORING If the CONSULTANT is retained by the CLIENT to provide a site representative for the purpose of monitoring specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the CONSULTANT will report observations and professional opinions to the CLIENT. No action of the CONSULTANT or CONSULTANT's site representative can be construed as altering any AGREEMENT between the CLIENT and others. The CONSULTANT will report any observed work to the CLIENT which, in the CONSULTANT's professional opinion, does not conform to plans and specifications. The CONSULTANT has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for the CLIENT. Furthermore,the CONSULTANT's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by the CLIENT to provide construction related services. The CONSULTANT will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CONSULTANT the lump sum amount indicated in the PROPOSAL or,if no lump sum amount is indicated,in accordance with the Schedule of Fees,as shown in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by CONSULTANT,and will be due and payable within 30 days of date of invoice. If CLIENT objects to all or any portion of any invoice,CLIENT will so notify CONSULTANT in writing within fourteen(14)calendar days of the invoice date, identify the cause of disagreement,and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above,the balance as stated on the invoice will be paid. Revised 08-24-17 Invoices are delinquent if payment has not been received with in thirty (30) days from date of invoice. CLIENT will pay an additional charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, accepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the CLIENT to CONSULTANT per CONSULTANT's current fee schedule. In the event CLIENT fails to pay CONSULTANT within sixty(60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay the CONSULTANT's invoice as a breach of this AGREEMENT. TERMINATION The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination, CONSULTANT will be paid for services performed prior to the date of termination. INDEMNIFICATION Except for the gross negligence or intentional misconduct of the CONSULTANT, CLIENT will indemnify and hold the CONSULTANT harmless from any claim by or liability from a third party for injury or loss,arising out of the CONSULTANTs performance of the services described in this AGREEMENT. This indemnity shall not limit, restrict or prevent CLIENT from asserting any claims for liability against the CONSULTANT, under any one or more theories of recovery, including breach of contract,negligence,strict or statutory liability or any other cause of action LIMITATION OF LIABILITY The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against CONSULTANT to a sum not to exceed$50,000,or the amount of this fee,whichever is greater,on account of any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work in connection with the study prepared by the CONSULTANT of such limitation of liability and require a like limitation on their part in favor of the CONSULTANT. In the event the CLIENT fails to obtain a like limitation of liability provision, the liability of the CLIENT and the CONSULTANT to such contractor shall be allocated between the CLIENT and the CONSULTANT such that the aggregate liability of the CONSULTANT to all parties, including the CLIENT,shall not to exceed $50,000 or the amount of the CONSULTANT's fee, whichever is greater. The CONSULTANT makes no warranties,either expressed or implied,except as set forth above. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT warrants a reasonable effort to inform CONSULTANT of known or suspected hazardous materials on or near the project site. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incident to the discovery of hazardous waste. CONSULTANT agrees to notify CLIENT when hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosure made by CONSULTANT which are required by governing law. In the event the project site is not owned by CLIENT,CLIENT recognizes that it is the CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials. Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against CONSULTANT, and to the maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability, and/or defense costs for injury or loss arising from CONSULTANT's discovery of hazardous materials or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the CONSULTANT which are found to be contaminated. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of the AGREEMENT for any cause. Revised 08-24-17 Ir1r • kitStudy Area Possible Pipeline ,h 4t- %4441 „, r-;� ��« .